What damages can I recover for identity theft?
You can recover unreimbursed fraudulent charges, the reasonable value of time spent cleaning up your credit, out-of-pocket costs (notary, postage, credit monitoring), and emotional distress. If a credit bureau or a furnisher ignored your written fraud dispute, the FCRA adds statutory damages of $100-$1,000 per willful violation, plus punitive damages and attorney fees.
Am I liable for fraudulent charges after identity theft?
Generally very little. Federal law caps your liability for unauthorized credit card charges at $50, and most issuers waive even that with zero-liability policies. For debit cards, prompt reporting (within two business days) limits liability to $50. Report fraud immediately to preserve these protections and to start the paper trail for any later claim.
How do I hold a company liable for a data breach that caused my identity theft?
You may have claims for negligence, breach of contract, or violation of state data-breach and consumer-protection statutes if a company’s poor security exposed your data. Proving that a specific breach caused your specific losses can be difficult, which is why class actions are common. Keep records linking the breach to the misuse of your information.
Does the FCRA help identity theft victims?
Yes. The FCRA gives victims the right to block fraudulent information, place fraud alerts and freezes, and obtain records of the fraudulent accounts. If a bureau or furnisher fails to investigate or correct after your dispute, you can sue for statutory damages ($100-$1,000 per willful violation), actual damages, punitive damages, and attorney fees.